案件进度
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日期03/27/2025
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TRANSCRIPT OF PROCEEDINGS held on 12/18/2024 before the Honorable John F. Kness. Order Number: 50917. Court Reporter Contact Information: Nancy LaBella, Nancy_LaBella@ilnd.uscourts.gov, 312-435-6890. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/17/2025. Redacted Transcript Deadline set for 4/28/2025. Release of Transcript Restriction set for 6/25/2025.
日期03/13/2025
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ENTERED JUDGMENT. Mailed notice.
日期03/13/2025
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MINUTE entry before the Honorable John F. Kness: Consistent with the accepted offer of judgment on the counterclaim of Defendants Intuii, LLC and Jens Sorensen (see Dkt. 420, 422), a final judgment order on the counterclaim will be entered separately. In addition, on 3/13/2025, the parties filed a jointly-executed "Stipulation of Voluntary Dismissal" 458 explaining that they jointly stipulate to the dismissal of the remainder of this action. Accordingly, the case is dismissed by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Under the terms of the Stipulation, this dismissal is without prejudice and with leave to reinstate on or before 4/28/2025. In the event a motion to reinstate is not filed on or before 4/28/2025, the case shall be deemed, without further order of the Court, to be dismissed with prejudice. The parties are to bear their own costs, inclusive of fees. Any pending motions are dismissed as moot, and the trial set to begin on 3/17/2025 is stricken. Civil case terminated. Mailed notice.
日期03/13/2025
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NOTICE of Voluntary Dismissal by Weifang Tengyi Jewelry Trading Co. Ltd
日期03/12/2025
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MINUTE entry before the Honorable John F. Kness: The Court sets a telephonic status hearing for 3/13/2025 at 9:30 A.M. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice.
日期03/11/2025
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MINUTE entry before the Honorable John F. Kness: In-person pretrial conference held on 3/10/2025. Following the conference, the Court, with the consent of the parties, conducted a confidential and off-the-record settlement conference. Plaintiff has since filed a "Notice of Settlement" [455] explaining that Plaintiff "has reached settlement with Defendants Jens Sorenson and Intuii LLC." I commend the parties and counsel for their cooperative approach to settlement negotiations. In view of the scheduled trial date, the parties should file a stipulation of dismissal as soon as is practicable. Mailed notice.
日期03/10/2025
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NOTICE OF SETTLEMENT by Weifang Tengyi Jewelry Trading Co. Ltd
日期03/10/2025
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ATTORNEY Appearance for Defendants Intuii LLC, Jens Sorensen by Erin Kathryn Russell (UPDATED)
日期03/10/2025
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Lydia Pittaway (UPDATED)
日期03/07/2025
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SEALED DOCUMENT by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd Appendix A: Defendants' Designations
日期03/07/2025
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PROPOSED Pretrial Order
附件:
1:Appendix E: Plaintiff's Proposed Special Verdict Forms
2:Appendix D: Plaintiffs Proposed Jury Instructions
3:Appendix C: Defendants' Proposed Special Verdict Forms
4:Appendix B: Defendants' Proposed Jury Instructions
日期03/05/2025
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AMENDED MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for reconsideration (Dkt. 448) is denied. To prevail on a motion to reconsider, the movant must establish "a manifest error of law or fact or present newly discovered evidence." Vesely v. Armslist LLC, 762 F.3d 661, 666 (7th Cir. 2014) (quoting Boyd v. Tornier, Inc., 656 F.3d 487, 492 (7th Cir. 2011)). For any avoidance of doubt, and as was made clear in the Court's March 3, 2025 Order (Dkt. 446), the Court finds that, given the litigation history of this case and the Pace factors, Plaintiff's decision to seek voluntary dismissal with prejudice, if and only if Defendants are barred from seeking a fee motion that they would otherwise be entitled to file as prevailing parties, constitutes "plain legal prejudice" to Defendants, Kunz v. DeFelice, 538 F.3d 667, 677 (7th Cir. 2008), and is not a term "that the court considers proper." Fed. R. Civ. P. 41(a)(2). There was no manifest error of law. As Plaintiff's own lead case, Colon v. HY Supplies, Inc., makes clear, context matters. No. 22 CV 05915, 2024 WL 2972364, at *3 (N.D. Ill. May 28, 2024). Dismissal with prejudice, even when voluntarily sought, "materially alters the legal relationship of the parties." Id. Defendants' submission explained how this gambit would be prejudicial; it would preclude their ability to file a fee motion they would otherwise be entitled to file and would require any fee issues to be litigated prematurely and in an abbreviated manner within an opposition brief to Plaintiff's motion for dismissal. (Dkt. 437 at 1, 4.) In its motion for reconsideration, Plaintiff submits that, because Defendants might not prevail in a fee motion and have not yet sought fees (even though Defendants could not properly do so unless they are a prevailing party), Defendants suffer only "potential" and not "actual" legal prejudice. (Dkt. 448 15.) Adjectives aside, Plaintiff misses the point. That finding is revealed by Plaintiff's failure to grapple with the Court's repeated statement that it is the "the history of this case, in which the Court (by the formerly-assigned Judge) raised questions concerning Plaintiff's litigation conduct and the merits of its claims," that renders the ab initio preclusion of a fee motion legal prejudice in this context. (Dkt. 446 at 2.) Plaintiff's contention that the Court's decision would "eviscerate[]" Rule 41(a)(2) by permitting any Defendant to defeat a motion for dismissal with prejudice by citing a bogus intent to seek fees is a makeweight. (Dkt. 448 17.) It is Plaintiff's specific litigation conduct, as reflected by the Court's earlier statement that Plaintiff's arguments at the TRO stage were "meritless," that render a bar on Defendants' ability to seek a fee award plain legal prejudice. (Dkt. 437 at 5; Dkt. 196 at 11.) More broadly, Plaintiff's pronouncement that "[n]othing could possibly be more taxing to the resources of the parties and the public good" than for Plaintiff to take a case to trial that it filed, for which it sought emergency ex parte relief, and litigated for over six years is telling. (Dkt. 448 23.) Plaintiff has gotten its day in court, and then some. But the case is not done, and Plaintiff cannot walk away at this point without either seeing the case through to the end, abandoning it, or asking under Rule 41(a)(2) for a dismissal with prejudice and without conditions attached that would limit Defendants' procedural rights. A final point: the legal prejudice to Defendants Intuii LLC and Sorensen is the loss of a chance to seek a fee award, not the certainty of a fee award. As the Court has previously stated (Dkt. 442 at 2 & n.1), Defendants Intuii and Sorensen may very well file a fee motion only to have it denied, perhaps even without the need for a response from Plaintiff. But that decision cannot be made unless and until those Defendants have made their motion and argument. For these reasons, the motion to reconsider is denied with prejudice. All existing hearing dates and deadlines remain absolutely firm. In the absence of a timely and effective stipulation of dismissal or motion to voluntarily dismiss, any failure to meet those deadlines or to be ready for the trial date that was set months ago may well result in consequences to one or both sides, including a finding of default, dismissal with prejudice for failure to prosecute, and/or monetary sanctions directed to counsel. Mailed notice. Modified on 3/6/2025.
日期03/05/2025
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BRIEFING SCHEDULE STATEMENT ON PLAINTIFFS MOTION FOR RECONSIDERATION [D.E. 448] STATEMENT by Weifang Tengyi Jewelry Trading Co. Ltd
日期03/05/2025
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for reconsideration regarding order on motion to dismiss, 446, order 442 PLAINTIFFS OPPOSED MOTION FOR RECONSIDERATION ON MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2)
日期03/03/2025
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MINUTE entry before the Honorable John F. Kness: Defendant's notice [434] of the withdrawal of its second affirmative defense was improperly designated on the docket as a motion; the designation as such is thus terminated. Plaintiff's motion [438] for leave to file a reply brief, which was granted in the order [442] entered on 2/25/2025, still shows up as a pending motion. To reiterate, the motion was granted. Counsel Stanley's motion to withdraw as attorney [444] is granted. Mailed notice
日期03/03/2025
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MINUTE entry before the Honorable John F. Kness: Plaintiff's motion (Dkt. [431]) for voluntary dismissal with prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure is denied. See accompanying Statement for details, as well as the Court's February 25, 2025 Order (Dkt. [442]). No later than 5:00 p.m. C.S.T. on March 7, 2025, both sides must submit a proposed pretrial order and the accompanying materials noted in the minute order entered on December 18, 2024. As previously ordered, the pretrial conference will be held in-person on March 3, 2025 at 1:30 p.m. All counsel who intend to appear at trial must be present in person at the pretrial conference; no lawyer with an appearance on file in this case who does not appear in person at the pretrial conference may appear at trial. Trial remains scheduled to begin on March 17, 2025 at 9:00 a.m. That date is firm. Mailed notice
日期03/03/2025
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STATEMENT PURSUANT TO COURT ORDER (D.E. 441), PLAINTIFF'S STATEMENT by Weifang Tengyi Jewelry Trading Co. Ltd
日期02/27/2025
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MOTION by Attorney Michael Stanley to withdraw as attorney for Weifang Tengyi Jewelry Trading Co. Ltd, Weifang Tengyi Jewelry Trading Co. Ltd, Weifang Tengyi Jewelry Trading Co. Ltd. No party information provided
日期02/27/2025
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MINUTE entry before the Honorable John F. Kness: The order 442 entered on 2/25/2025 is amended as follows: if Plaintiff does not submit the statement specified in the order on or before the deadline of 3/3/2025, the Court will construe that nonresponse as signifying Plaintiff's assent to the modified conditions of dismissal set forth in the 2/25 order. Mailed notice.
日期02/25/2025
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ORDER signed by the Honorable John F. Kness on 2/25/2025. Mailed notice.
日期02/25/2025
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MINUTE entry before the Honorable John F. Kness: As described in the accompanying Order, on or before 03/03/2025, Plaintiff is directed to file a statement on the docket indicating whether it agrees to the Court's modification of Plaintiff's motion for voluntary dismissal or, in the alternative, withdraws the motion and elects to proceed to trial on 3/17/2025. Mailed notice.
日期02/18/2025
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MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 438 for leave to file a reply brief in support of its motion for voluntary dismissal is entered and continued. The proposed briefing schedule on the motion for leave is stayed. Further guidance will be provided by separate order. Mailed notice
日期02/18/2025
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BRIEFING SCHEDULE STATEMENT FOR PLAINTIFFS OPPOSED MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2) STATEMENT by Weifang Tengyi Jewelry Trading Co. Ltd
日期02/18/2025
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for leave to file PLAINTIFFS OPPOSED MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2)
附件:
1:(Exhibit)
日期02/17/2025
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RESPONSE by Intuii LLC, Jens Sorensenin Opposition to MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to dismiss PLAINTIFFS MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2) AND INCORPORATED MEMORANDUM OF LAW [431]
日期02/10/2025
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MINUTE entry before the Honorable John F. Kness: Any response to the motion for voluntary dismissal must be filed on or before 2/17/2025. This accelerated briefing schedule is necessary in view of the looming trial date. No reply brief may be filed absent further order. The trial date of 3/17/2025 and the pretrial conference date of 3/10/2025 remain in place pending further order. The pretrial filings deadline of 2/14/2025 is stayed temporarily and will be reset as needed by separate order. Mailed notice.
日期01/31/2025
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Notice of Counsel's Error Re: Doc. 434 by Intuii LLC, Jens Sorensen
日期01/30/2025
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MOTION by Defendants Intuii LLC, Jens Sorensen to withdraw Second Affirmative Defense--Unclean Hands
日期01/30/2025
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ENTERED IN ERROR
日期01/27/2025
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BRIEFING SCHEDULE STATEMENT FOR PLAINTIFFS MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2) [D.E. 431] STATEMENT by Weifang Tengyi Jewelry Trading Co. Ltd
日期01/27/2025
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to dismiss PLAINTIFFS MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(2) AND INCORPORATED MEMORANDUM OF LAW
日期01/25/2025
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MOTION by Defendants Intuii LLC, Jens Sorensen for rule to show cause
附件:
1:Exhibit 5 - email from defense counsel conferring re potential motion by plainti
2:Exhibit 4 - Stanley email re: travel
3:Exhibit 3 - Plaintiff's draft proposed pretrial order
4:Exhibit 2 - emails between counsel re: pretrial obligations
5:Exhibit 1 - Banister email re: potential withdrawal of motion
日期01/22/2025
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ATTORNEY Appearance for Defendants Intuii LLC, Jens Sorensen by Jonathan Lucas Allen Phillips (AMENDED APPEARANCE FORM)
日期12/27/2024
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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
日期12/18/2024
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MINUTE entry before the Honorable John F. Kness: In-person status hearing held 12/18/2024. For the reasons stated on the record, Counsel for Plaintiff appeared via telephone. Plaintiff's motion for leave to file an amended complaint 423 is denied for the reasons stated on the record. This matter is set for trial beginning 3/17/2025 at 9:00 A.M. An in-person pretrial conference is set for 3/10/2025 at 1:30 PM. By 5:00 PM on 2/14/2025, the proposed pretrial order and accompanying materials are due. Visit Judge Kness's website for the very detailed requirements in the standing order; (see link entitled "Proposed Pretrial Orders (Civil Cases)"). The parties are advised that Judge Kness's courtroom is equipped with an integrated electronic evidence presentation system. Parties will no longer be permitted to bring their own projection or audio-visual equipment to display evidence electronically during trial. Any party desiring to use the Court's electronic evidence presentation system must confirm by e-mailing Judge Kness's courtroom deputy that the person who will be operating the equipment either (1) has participated in a training session with the Systems Department, or (2) does not require training because they have used the system for a trial in this courthouse previously. Parties may arrange for training by contacting the Systems Department at (312) 435-5555. Mailed notice.
日期12/11/2024
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REPLY by Weifang Tengyi Jewelry Trading Co. Ltd to response in opposition to motion, 424 (Corrected D.E. 425)
附件:
1:(Errata Unreported Cases)
日期12/10/2024
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REPLY by Weifang Tengyi Jewelry Trading Co. Ltd to response in opposition to motion, [424]
日期12/03/2024
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RESPONSE by Intuii LLC, Jens Sorensenin Opposition to MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to amend/correct amended complaint, 26 PLAINTIFFS OPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (Renewed from D.E. 387) 423
日期11/19/2024
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to amend/correct amended complaint, 26 PLAINTIFFS OPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (Renewed from D.E. 387)
附件:
1:(Exhibit Exhibit Two--Redline)
2:Exhibit Exhibit One-Proposed SAC
日期11/18/2024
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NOTICE of Acceptance with Offer of Judgment by Intuii LLC, Jens Sorensen
日期11/05/2024
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MINUTE entry before the Honorable John F. Kness: In-person status hearing held 11/5/2024. Per an earlier order, lead counsel were directed to appear in person. Counsel L. Ford Banister, II, of the New York-based firm Ford Banister LLC, was previously designated 3 as lead counsel but did not appear at the 11/5 hearing, either by telephone or in person. Instead, counsel Michael Stanley appeared and stated that he would serve as lead counsel for Plaintiff. Although the Court stated at the 11/5 hearing that it intended to require Mr. Banister to show cause why he should not be sanctioned based on his apparent determination not to appear in person in this Court (he reportedly either lives in or spends significant time in Thailand), Mr. Stanley correctly reported that he has substituted as lead counsel for Mr. Banister. See Dkt. 417, 418. For this reason, no rule to show cause order will be issued. That said, absent of showing of good cause to the contrary, Mr. Banister will not be permitted to appear again as lead counsel in this case in view of his recent relinquishment of that role for the apparent purpose of avoiding having to appear in person in this Court. On the merits, and for the reasons stated on the record, Plaintiff may file a motion for leave to file an amended complaint on or before 11/19/2024. Defendants' response is due by 12/3/2024. Plaintiff's reply, if any, is due 12/10/2024. An in-person motion hearing is set for 12/18/2024 at 10:00 A.M. in Courtroom 2125. All lead counsel are directed to appear in person at that hearing. Mailed notice.
日期11/05/2024
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COUNTERCLAIM-DEFENDANT WEIFANG TENGYI JEWELRY TRADING CO., LTDS OFFER OF JUDGMENT PURSUANT TO FED.R.CIV.P. 68 by Weifang Tengyi Jewelry Trading Co. Ltd
日期10/31/2024
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Lydia Pittaway (Amended)
日期10/31/2024
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Michael Thomas Stanley
日期10/31/2024
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Larry Ford Banister, II (Amended)
日期10/22/2024
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MINUTE entry before the Honorable John F. Kness: An in-person status hearing is set for 11/5/2024 at 9:30 A.M. Lead counsel are directed to appear. Mailed notice.
日期02/27/2024
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephonic status hearing held on 2/27/24. Plaintiff's counsel appeared. Defense counsel did not appear at today's status hearing. Plaintiff reports it intends to refile its motion for leave to file an amended complaint 387 409. Discovery is complete at least given the current posture of the case 405. Plaintiff also reports that settlement is still not a realistic possibility in this case. Accordingly, all matters relating to the referral of this matter having been addressed, this case is returned to the District Judge. If the District Judge wants to generate a new referral in the future, that easily can be done. Referral terminated. Mailed notice
日期12/28/2023
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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
日期11/29/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Settlement conference held 11/29/23. The parties were unable to resolve the case. A status hearing is set for 2/27/24 at 9:45 a.m. via telephone. The call-in number is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and necessary by the Court. Mailed notice
日期10/05/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 10/5/23. Counsel for both sides appeared. The settlement conference set for 11/29/23 at 9:00 a.m. will proceed as scheduled via Webex. Counsel shall send an email to the Court's courtroom deputy with the names and email addresses for all individuals who will attend the settlement conference for each party. Mailed notice
日期10/03/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 10/3/23. Defense counsel did not appear at today's status hearing. A tentative settlement conference is set for 11/29/23 at 9:00 a.m. via video. A continued telephone status hearing is set for 10/5/23 at 10:15 a.m. Plaintiff's counsel reported today that Plaintiff rejects Defendants' demand for a monetary settlement payment. The call-in number for the status hearing on 10/5/23 is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and necessary by the Court. Mailed notice
日期10/03/2023
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendants Weifang Tengyi Jewelry Trading Co. Ltd, Weifang Tengyi Jewelry Trading Co. Ltd by Michael Thomas Stanley
日期09/27/2023
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MINUTE entry before the Honorable John F. Kness: In view of the ongoing settlement proceedings before Magistrate Judge Gilbert (see Dkt. 408), Plaintiff's opposed motion 387 for leave to file a second amended complaint is dismissed without prejudice to refiling if the case does not settle. Mailed notice.
日期08/30/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 8/30/23 and continued to 10/3/23 at 9:45 a.m. Plaintiff's settlement letter shall be delivered to Defendants, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 9/14/23. Defendants' response to Plaintiff's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court via the Court's settlement correspondence email at Settlement_Correspondence_Gilbert@ilnd.uscourts.gov, on or before 9/28/23. Settlement letters are not to be filed on the CM-ECF system. For the reasons discussed on the record, any settlement conference in this case will be held remotely via video. The call-in number for the status hearing on 10/3/23 is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
日期08/25/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report 406. Discovery is complete. A telephone status hearing is set for 8/30/23 at 1:00 p.m. to discuss the parties' willingness to participate in a settlement conference as referenced in their status report. The call-in number for the status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
日期08/04/2023
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STATUS Report (JOINT) by Intuii LLC, Jens Sorensen Presented before Magistrate Judge
日期08/02/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties shall file a status report by 8/4/23 confirming that Mr. Teng's deposition has been completed and that discovery is now complete. The parties also should report whether settlement is a realistic possibility at this juncture or, instead, whether they intend to proceed to dispositive motion practice before the assigned District Judge. Mailed notice
日期06/23/2023
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MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Status Report 403. The deposition of Teng Guangyao shall proceed June 29, 2023 at 9:00am HKT. Mailed notice
日期06/12/2023
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STATUS Report (Joint Status Report re: scheduling of deposition of Teng Guangyao) by Intuii LLC, Jens Sorensen Presented before Magistrate Judge
日期05/15/2023
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MEMORANDUM ORDER: The Motion to Compel Deposition of Teng Guangyao 388 filed by Defendants Intuii, LLC, and Jens Sorensen is granted. See attached Memorandum Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 5/15/2023. Mailed notice
日期12/29/2022
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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
日期11/17/2022
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REPLY by Defendants Intuii LLC, Jens Sorensen to motion to compel 388
附件:
1:(Exhibit B)
2:Exhibit A - 9/21/22 transcript
日期11/12/2022
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REPLY by Weifang Tengyi Jewelry Trading Co. Ltd to response in opposition to motion, 390 (Corrected)
附件:
1:(Errata Unreported Cases)
2:Exhibit
日期11/11/2022
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REPLY by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to response in opposition to motion, 390
附件:
1:(Exhibit)
日期11/08/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants Jens Sorensen and Intuii, LLC's Motion for Extension of Time to File Reply in Support of Motion to Compel 394 is granted over Plaintiff's objection. Defendants shall file their reply in support of their Motion to Compel the Deposition of Teng Guangyao by 11/17/22. Mailed notice
日期11/07/2022
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MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time to file response/reply 392 is granted. Plaintiff's reply brief must be filed on or before 11/11/2022. Defendants' motion for extension of time to file response/reply 394 will addressed by Magistrate Judge Gilbert. Mailed notice
日期11/04/2022
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Briefing Schedule STATEMENT by Intuii LLC, Jens Sorensen
日期11/04/2022
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MOTION by Defendants Intuii LLC, Jens Sorensen for extension of time to file response/reply as to motion to compel 388 (opposed)
附件:
1:(Exhibit A - email exhibit)
日期11/02/2022
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RESPONSE by Intuii LLC, Jens Sorensen to MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd for extension of time to file response/reply as to response in opposition to motion, 390 392
日期11/02/2022
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd for extension of time to file response/reply as to response in opposition to motion, 390
日期10/21/2022
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RESPONSE by Weifang Tengyi Jewelry Trading Co. Ltdin Opposition to MOTION by Defendants Intuii LLC, Jens Sorensen to compel deposition of Teng Guangyao 388
附件:
1:(Exhibit)
2:Exhibit
3:Exhibit
4:Declaration
日期10/19/2022
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RESPONSE by Intuii LLC, Jens Sorensenin Opposition to MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to amend/correct amended complaint, 26 Opposed Motion for Leave to File Second Amended Complaint 387
日期10/12/2022
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TRANSCRIPT OF PROCEEDINGS held on September 21, 2022 before the Honorable Jeffrey T. Gilbert. Order Number: 44197. Transcriber Contact Information: Annette Montalvo, annette.montalvo@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/2/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/10/2023.
日期10/07/2022
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MOTION by Defendants Intuii LLC, Jens Sorensen to compel deposition of Teng Guangyao
日期10/05/2022
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to amend/correct amended complaint, 26 Opposed Motion for Leave to File Second Amended Complaint
附件:
1:(Errata Unreported Cases)
2:Exhibit Proposed Second Amended Complaint (Redline)
3:Exhibit Proposed Second Amended Complaint (Clean Copy)
日期09/21/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 9/21/22. The Court sets the following briefing schedule on a forthcoming motion to compel the deposition of Mr. Teng Guangyo, Plaintiff's founder, owner, and general manager. Defendants shall file their motion by 10/7/22. Plaintiff shall respond by 10/21/22. Defendants shall reply by 11/4/22. At the parties' agreement, Plaintiff will file a motion for leave to file an amended complaint before Judge Kness by 10/5/22. Defendants shall respond by 10/19/22. Plaintiff shall reply by 11/2/22. Mailed notice
日期09/20/2022
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ATTORNEY Appearance for Defendants Intuii LLC, Jens Sorensen by Jonathan Lucas Allen Phillips
日期09/12/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for discovery supervision, including the question whether Defendants should be permitted to depose Plaintiff's founder, owner, and general manager Teng Guangyao (see Dkt. 380 at 1-4) and settlement. A telephone status conference with the Court is set for 9/21/22 at 10:30 a.m. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice
日期09/08/2022
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MINUTE entry before the Honorable John F. Kness: The referral order to Magistrate Judge Gilbert 382 is expanded to include a settlement conference. Mailed notice
日期09/08/2022
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Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision. Mailed notice.
日期09/08/2022
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MINUTE entry before the Honorable John F. Kness: Following a review of the parties' status report 380, the Court requests that the Executive Committee refer this case to Magistrate Judge Jeffrey T. Gilbert for the supervision of all discovery, including the question whether Defendants should be permitted to depose Plaintiff's founder, owner, and general manager Teng Guangyao (see Dkt. 380 at 1-4). The Court also refers the case to Judge Gilbert for a settlement conference (should the parties seek one). Judge Gilbert should be given full discretion to set or amend all case deadlines as appropriate. Mailed notice
日期09/06/2022
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STATUS Report (Joint) by Weifang Tengyi Jewelry Trading Co. Ltd
日期08/18/2022
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MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for extension of time 378 is granted. On or before 9/5/2022, the parties must file a concise joint status report. Among other things, the parties should propose a schedule to govern the remainder of this case. Mailed notice
日期08/17/2022
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for extension of time to file Joint Status Report
日期08/11/2022
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MINUTE entry before the Honorable John F. Kness: On or before 8/22/2022, the parties must file a concise joint status report. Among other things, the parties should propose a schedule to govern the remainder of this case. Mailed notice
日期03/29/2022
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ATTORNEY Appearance for Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd by Lydia Pittaway
日期03/25/2022
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ATTORNEY Appearance for Defendants Intuii LLC, Jens Sorensen, Counter Claimants Intuii LLC, Jens Sorensen by Erin Kathryn Russell
日期03/16/2022
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CERTIFICATE of Service by Charles Edward McElvenny on behalf of Weifang Tengyi Jewelry Trading Co. Ltd regarding order on motion to withdraw as attorney, terminate deadlines and hearings, add and terminate attorneys, 372
日期03/15/2022
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Notice of Withdrawal of Counsel for Intuii LLC and Jens Sorensen by Intuii LLC, Jens Sorensen
日期03/10/2022
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MINUTE entry before the Honorable John F. Kness: Before the Court is the motion 366 to withdraw of counsel Meghan C. Killian, Boris Zelkind, Carrie A. Dolan, and J. Michael Williams. Having reviewed the motion, as well as the sealed response to the motion submitted by Jens Sorensen, the Court grants counsel leave to withdraw. Jens Sorensen's principal response to the motion to withdraw is to request additional time to secure new counsel. As the motion to withdraw has now been pending for several months, however, the Court is satisfied that sufficient time has passed for Jens Sorensen to have obtained substitute counsel. Accordingly, any appearance by substitute counsel for Intuii LLC or Jens Sorensen must be submitted on or before 3/25/2022. Further direction concerning next steps in this case will be provided by separate order after 3/25/2022. Mailed notice
日期10/27/2021
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NOTICE of filing under seal by Intuii LLC, Jens Sorensen re response to motion to withdraw 370 (Docket Text Modified by Clerk's Office on 10/28/2021).
日期10/26/2021
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SEALED RESPONSE.
日期10/25/2021
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CERTIFICATE of Service by Defendants Intuii LLC, Jens Sorensen, Counter Claimants Intuii LLC, Intuii LLC, Jens Sorensen, Jens Sorensen regarding order on motion for sanctions, order on motion to vacate, order on motion to stay, order on motion to file instanter, terminate deadlines and hearings, set motion and R&R deadlines/hearings, set deadlines/hearings, 368
日期09/30/2021
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MINUTE entry before the Honorable John F. Kness: This order addresses several long-pending motions in this reassigned case. Subject to further explication as may be warranted, the motions are resolved as follows: Plaintiff's motion for sanctions for willful spoliation of evidence 288 is denied. To prevail under Federal Rules of Civil Procedure 37(e)(2) or the Court's inherent authority, Plaintiff must show by a preponderance of the evidence that Defendant engaged in spoliation with the requisite intent. Williams v. Am. College of Educ., Inc., 2019 WL 4412801, at *11 (N.D. Ill. Sept. 16, 2019). Plaintiff has failed to meet this standard. Defendants Intuii LLC and Jens Sorensen's motion for sanctions against Plaintiff and Counsel for Plaintiff 319 is denied. Defendants seek reasonable costs and attorneys' fees in addressing and opposing multiple motions 83 97 233 247 250 257 261 263 288 295. Defendants seeks further fees for filing a motion to compel deposition 283. The Court may impose sanctions under Federal Rules of Civil Procedure 37 or its inherent "common law power." Cooke v. Jackson Natl. Life Ins. Co., 919 F.3d 1024, 1027 (7th Cir. 2019), cert. denied, 140 S. Ct. 134 (2019). Defendants fail, however, to meet the high bar to justify sanctions in this case. To the extent that Defendant seeks costs under Rule 37 for denials of Plaintiff's discovery motions, the Court finds that an award of expenses would be "unjust under the circumstances." Matei v. Cessna Aircraft Co., 35 F.3d 1142, 1147 (7th Cir. 1994). Plaintiff's motion to vacate 344 is dismissed without prejudice as moot in view of the reassignment of this case and the pending motion 366 to withdraw. Whether a renewed motion is required will be addressed following a status hearing to be set by separate order. For the same reasons, Plaintiff's motion 347 to file instanter Surreply in Opposition to Defendants Intuii LLC and Jens Sorensen's Motion for Sanctions is dismissed without prejudice as moot. ***PLEASE NOTE: No motions for reconsideration of these rulings, or further briefing on the motions, will be entertained before the status of the case is addressed further by the Court and the parties. Any motions seeking reconsideration or similar relief that are filed before the Court has the opportunity to address the status of this case are subject to being summarily stricken.*** Also before the Court is the motion to withdraw 366 filed by current counsel for Defendants Intuii LLC and Jens Sorensen. The Court directs Defendants Intuii LLC and Jens Sorensen themselves, respectively, to prepare an ex parte and sealed written response to the motion to withdraw on or before 10/22/2021. Defendants are directed to send this response by email to their current counsel. Current counsel are directed to file the response under seal, and ex parte, on behalf of Defendants within three business days of receiving the response. In lieu of a written response, Defendants may opt to retain new counsel and to direct new counsel to file a motion to substitute for current counsel. By any reasonably effective means, current counsel must provide a copy of this minute order to Defendants on or before 10/5/2021. Defendant Intuii LLC is advised that, as a corporate entity, it cannot appear pro se but must instead be represented by counsel. See, e.g., Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985) ("corporations must appear by counsel or not at all"). Failure to appear through counsel may result in Defendant being found in default. Mailed notice
日期09/28/2021
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CERTIFICATE of Service MOTION FOR LEAVE TO WITHDRAW AS COUNSEL by Meghan C Killian on behalf of Intuii LLC, Jens Sorensen
日期09/13/2021
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MOTION by Attorney Meghan C. Killian, Boris Zelkind, Carrie A. Dolan, and J. Michael Williams to withdraw as attorney for Intuii LLC, Intuii LLC, Intuii LLC, Jens Sorensen, Jens Sorensen, Jens Sorensen. New address information: Intuii LLC and Jens Sorense, 9347 Vervain Street, San Diego, CA 92129
日期06/03/2021
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NOTICE by Larry Ford Banister, II of Change of Address
日期10/19/2020
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MINUTE entry before the Honorable John F. Kness: Motion to dismiss third party citation respondent ContextLogic, Inc. d/b/a Wish 363 is granted. Mailed notice
日期10/14/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to dismiss Third Party Citation Respondent ContextLogic, Inc. d/b/a Wish
日期09/02/2020
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MINUTE entry before the Honorable John F. Kness: Motion to dismiss Third Party Citation Respondent PayPal, Inc. 360 is granted. Mailed notice
日期08/28/2020
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Partial SATISFACTION of Judgment
日期08/28/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd to dismiss Third Party Citation Respondent PayPal, Inc.
日期07/10/2020
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ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket)
日期06/25/2020
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REPLY by Weifang Tengyi Jewelry Trading Co. Ltd to memorandum in opposition to motion 356
日期06/12/2020
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Notice of Corrected Joint Status Report in Reassigned Case by Intuii LLC, Jens Sorensen
附件:
1:(Appendix 2)
2:Appendix 1
日期06/11/2020
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MEMORANDUM by Intuii LLC, Jens Sorensen in Opposition to motion for sanctions, 288
附件:
1:(Exhibit C)
2:Exhibit B
3:Exhibit A
4:Declaration of Boris Zelkind
日期05/26/2020
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ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3,)
日期05/18/2020
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STATUS Report in Reassigned Case by Weifang Tengyi Jewelry Trading Co. Ltd
日期05/12/2020
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ORDER signed by the Honorable John F. Kness on 5/12/2020. Mailed notice
日期05/12/2020
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ORDER signed by the Honorable John F. Kness on 5/12/2020. Mailed notice
日期05/08/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for judgment and Turnover of Funds
附件:
1:(Exhibit 3)
2:Exhibit 2
3:Exhibit 1
日期04/30/2020
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ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4,)
日期04/24/2020
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ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3,)
日期04/15/2020
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CITATION to Discover Assets issued 1 original and 1 copy as to Third Party (No Notice Filed) Paypal Inc. Legal Order Processing.
日期04/07/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd to file instanter Surreply in Opposition to Defendants Intuii LLC and Jens Sorensen's Motion for Sanctions [Doc. 346]
附件:
1:(Exhibit Unreported Cases)
日期04/07/2020
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SUR-REPLY by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd to response in support of motion, 328
附件:
1:(Exhibit Unreported Cases)
2:Exhibit
3:Exhibit
日期04/04/2020
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MEMORANDUM by Weifang Tengyi Jewelry Trading Co. Ltd in support of motion to vacate, motion to stay, 344
附件:
1:(Declaration of Huang Yongchong)
2:Declaration of L. Ford Banister, II
日期04/04/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd to vacate order on motion for extension of time to complete discovery, order on motion to compel, terminate hearings, set/reset hearings, status hearing, motion hearing, 252, order on motion for summary judgment, order on motion to withdraw, order on motion for recusal, order on motion for reconsideration, order on motion to vacate, order on motion to compel, terminate hearings, set/reset hearings, 336, MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd, Counter Defendant Weifang Tengyi Jewelry Trading Co. Ltd to stay regarding order on motion for extension of time to complete discovery, order on motion to compel, terminate hearings, set/reset hearings, status hearing, motion hearing, 252, order on motion for summary judgment, order on motion to withdraw, order on motion for recusal, order on motion for reconsideration, order on motion to vacate, order on motion to compel, terminate hearings, set/reset hearings, 336
日期03/30/2020
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ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1,)
日期03/17/2020
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MOTION by Plaintiff Weifang Tengyi Jewelry Trading Co. Ltd for judgment and Turnover of Funds
附件:
1:(Exhibit D)
2:Exhibit C
3:Exhibit B
4:Exhibit A
日期03/16/2020
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ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice.
日期03/16/2020
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ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice.
日期